Unfair Debt Collection Practices
Creditors have the right to collect their legitimate debts. But they have to follow the rules. They can’t call you in the middle of the night. They can’t make false or baseless threats. They must act legally.
The Federal Fair Debt Collection Practices Act requires debt collectors to act properly. And trust Lakelaw when we tell you that they don’t always do so.
Check out the Federal Trade Commission’s information page about fair debt collection practices.
Here are some things which debt collectors may not do:
- use threats of violence or harm;
- publish a list of consumers who refuse to pay their debts (except to a credit bureau);
- use obscene or profane language; or repeatedly use the telephone to annoy someone.
Use any false or misleading statements when collecting a debt:
- falsely imply that they are attorneys or government representatives;
- falsely imply that you have committed a crime;
- falsely represent that they operate or work for a credit bureau;
- misrepresent the amount of your debt;
- indicate that papers being sent to you are legal forms when they are not; or
- indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
- you will be arrested if you do not pay your debt;
- they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
- actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:
- give false credit information about you to anyone, including a credit bureau;
- send you anything that looks like an official document from a court or government agency when it is not; or
- use a false name.
If a debt collector does any of these things to you, get the person’s name, his company’s name, his address and any identification. Keep a record of exactly what the debt collector said or did, including the specific words, time, and date. Then call us at 1 866 Lakelaw (525-3529). You could recover damages and the debt collector may be required to pay your attorneys fees.
